(1) It is the intent of the
legislature to provide the various components of the maritime
industry with the tools necessary to satisfy the requirements of
RCW 88.46.130 in the most cost-effective manner. In doing, the
legislature encourages, but does not mandate, the maritime
industry to unite behind their mutual interests and
responsibilities and identify or form a single umbrella
organization that allows all affected covered vessels to
equitably share the costs inherent in the implementation of RCW 88.46.130.
(2) The legislature further finds that, given the broad
range of covered vessel types and sizes, an equitable sharing of
the costs of implementing RCW 88.46.130 will likely mean that not
all covered vessels will be responsible for providing the same
amount of funding. Any umbrella organization that is identified
or formed to satisfy the requirements of chapter 11, Laws of 2009
should consider the multitude of factors that comprise the risk
of vessel emergencies and the likelihood of initiating a response
from the emergency response vessel required by RCW 88.46.130.
(3) The legislature intends to provide the authority for any
operator of a covered vessel that feels as though an umbrella
organization that is identified, formed, or proposed for
formation does not equitably share the costs of compliance with
RCW 88.46.130 with the covered vessel in question, or the class
of vessel to which the covered vessel belongs, to either contract
directly with an adequate emergency response vessel or form or
join a discreet umbrella organization representing the
appropriate segment of the maritime industry. However, if the
operator of a covered vessel chooses not to join a proposed or
existing umbrella organization, or finds that negotiations
leading to the formation of an umbrella organization are not
progressing in an adequate manner, the legislature requests, but
does not require, that the vessel operator contact the department
and provide official notice of their concern as to how the
umbrella group in question failed in establishing an equitable
cost-share strategy.
(4) The department shall collect and maintain all notices
received under this section and shall summarize any reports
received by the operators of covered vessels and report the
summation to the appropriate committees of the legislature upon
request by a legislative committee.
[2009 c 11 § 4.]
NOTES:
Findings -- Intent -- 2009 c 11: See note following RCW 88.46.130.